The U.S. Court of Appeals for the Eleventh Circuit today struck down the “individual mandate” portion of Obamacare, ruling that Congress may not require individuals to purchase health insurance pursuant to its power under the Commerce Clause. The court relied on CIR’s 2000 victory in U.S. v. Morrison, one of the leading Supreme Court cases on the subject of Congress’ Commerce Clause authority. Today’s opinion cited Morrison 89 times. The court’s opinion made much of the argument CIR advanced in its amicus brief: the individual mandate is overbroad in purporting to cover individuals who decline to purchase health insurance for non-economic reasons as well those who decline to do so for economic reasons.
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